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A49746 Law unknown, or, Judgement unjust wherein is shewed, that some persons were indicted, judged, and condemned at the sessions in the Old Bailey, London, by an unknown Law, neither printed nor published, nor any ways knowable by the common people, whereby the inhabitants of this nation may perceive what unavoidable bondage and slavery they are going into : with a brief relation of the killing of John Townesend, by Major Crosby at St. Albones, and the proceedings of court thereupon, in quitting the said Crosby, and punishing the peaceable standers by, and some remarkable passages of Sir Harbottle Grimston in the said tryal : together also with certain queries, grounded upon the Act of Indempnity, especially recommended to the serious consideration of the said Sir Harbottle, and all the members of that Parliament whereof he was speaker. 1662 (1662) Wing L636; ESTC R36860 6,930 11

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he only that hath advanced all Popish Bishops I shall name some of them Bishop Manwaring the Bishop of Bath and Wells the Bishop of Oxford and Bishop Wren the least of all but the most unclean one These are men that should feed Christ's Flock but they are the Wolves that devoured them The Sheep should have fed upon the Mountains but the Mountains have eat up the Sheep It was the happiness of our Church when the zeal of God's House did eat up the Bishops Glorious and brave Martyrs that went to the Stake in defence of the Protestant Religion But the zeal of these Bishops hath been to eat up and persecute the Church Who is it Mr. Speaker but the great Arch Bishop of Canterbury that hath sat the Helme to guide and steer them all to the managing of their Projects that have been set on foot in this Kingdom these ten years last past And rather than he would stand out he hath most unworthily truck'd and chaffer'd in the meanest of them as for instance that of Tobacco wherein thousands of poor people have been stript and turned out of their Trades for which they have served as Aprentices We all know he was the Compounder and Contractor with them for the Licences putting them to pay Fines and Fee and Farm Rents to use their Trades Certainly Mr. Speaker he might have spent his time better and more for his grace in the Pulpit than thus sharking and raking in the Tobacco shop Mr. Speaker We all know what he hath been charged withal here in this House Crimes of a dangerous consequence and of transcendent nature No less than the subversion of the Government of this Kingdom and the alteration of the Protestant Religion and this not upon bare information onely but much of it comes before us already upon clear and manifest proofs And there is scarce any business grievances or complaints come before us in this place wherein we do not find him intermingled and as it were twisted into it like a busie and angry Wasp his sting in the tail of 〈…〉 thing We have this day heard the report of the conference yesterday and in it the accusations which the Scotch Nation have charged him withal and we do all know he is guilty of the same if not more in this Kingdom Mr. Speaker He hath been and is the common enemy of all goodness and good men and it is not safe that such a Viper should be near his Majesties person to distil his poyson into his sacred Ears nor is it safe for the Common-wealth that he should sit in so eminent a place of Government being thus accused We know what we did in the Earl of Strafford's Case This man is the corrupt Fountain that hath infected all the Streams and till the Fountain be purged we cannot expect to have any clear Channels I shall be bold therefore to offer my opinion and if I erre it is the error of my Judgement and not my want of zeal and affection to the publick good I conceive it most necessary and fit that we should now take up a resolution to do somewhat to strike whilst the Iron is hot and go up to the Lords in the Name of the Commons of this House and in the Name of the Commons of England and to accuse him of High Treason and to desire their Lordships his person may be sequestred and that in convenient time they may bring up the charge Six Queries seriously propounded to all but especially recommended to Sir Harbottle Grimston with the rest of the Members of that Parliament whereof he was SPEAKER grounded upon the Act of Indemnity whereby are pardoned all Treasons c. as therein is mentioned until the 24th of June 1660 and no longer Hereupon I Querie Querie 1. 1. VVHether such men who after the said 24th of June 1660. sat and made Lawes as a Parliament being not called by the Kings Writ according to Law did not usurp the Legislative power of the Nation contrary to the Laws thereof And whether this be not implied at least in the Preamble to an Act Entituled An Act for confirmation of publick Acts Made by the Parliament begun and held at Westminster the 8th day of May 1661 Querie 2. 2. Whether such as shall usurpe the Legislative Power as aforesaid be not guilty of High Treason Querie 3. 3. Whether unless an Act of Pardon shall be made for them the King may not at any time when he findes cause give forth Orders to apprehend imprison and try any of them accordingly Querie 4. 4. Whether the King hath any reason to be gracious to or confide in such men Or Whether by the same Principles they may not act as much against the King if occasion serve as they then seemed to do for him For he whose Principle will serve to break the Law one way why may it not serve him to break it the contrary way another time Querie 5. 5. Whether if the King should alwayes connive thereat it would not seem at least to a great degree to justifie the usual plea of his Adversaries to make good their former proceedings against himself who were wont frequently to plead Necessity and not Law for the ground and justification of their actions Querie 6. 6. Whether it be safe for the King and Kingdom to let them all escape without some examples of Justice inasmuch as their proceedings in this kind seems so much to justifie the Plea of Necessity practised by others heretofore and likewise tends very much to encourage other men in future time to dangerous practises upon the same principle FINIS Your Speech to the King Aug. 29 1660. Eccles 10.16 Psal 82.2 3 Gen. 3.4 5. Speech to the King Aug. 29 1660. 2 King 4.40 2 Tim. 3.9 Matth. 26.13
because this story hath filled the ears and exercised the tongues of many far and near Let us reason a little with Sir Harbottle Grimston upon some Maxims of his own Sir it was your own observation very lately that To settle mens estates was the way to quiet their mindes But how think you can we look upon our Estates as setled or what quietness can the mindes of English-men have when their lives shall be in jeopardy every hour and their persons obnoxious to be assaulted killed and murthered at the malitious rage of such wicked and ungodly wretches as Crosby if justice cannot be had against the Murtherers If Jehu had reason to demand What peace so long as the Whordoms of Jezabel and her Witchcrafts are so many How much more cause have English-men to say What peaceable security have we when the Justices upon the Bench and no less than a quondam Speaker of Parliament shall countenance the Murtherer Or what Justice are we like to expect when such shall be made Foremen of the Jury to try Capital Offenders who were themselves accessary to the Crimes committed especially if accompanied with such fellow Jurats who shall say in open Court They intended to do as they were bid What is the Law or what is our security by it when thus perverted and imployed to punish the Innocent and discharge the Guilty Peaceable men bound to their good behaviour and Indicted as Rioters and the Constable that assisted the Murtherer with Fire-armes made Foreman of the Jury and the Murtherer quit by Proclamation upon an ignoramus Verdit Was there ever the like president before that a Jury should be turned back when they had found a Bill under the like proofs as in this case and an ignoramuus Verdit received The King hath lost a Subject This man kill'd him in the face of many Witnesses in the manner aforesaid and can the Bill be found ignoramus and he that kill'd him quit thereupon Where is the Justice of the Judge Wo to thee oh Land saith the Wise Man when thy King is a Child and thy Princes eat in the morning How much more may we say Wo to thee oh Land when thy Judges are thine Oppressors and those that should defend the cause of the Fatherless and the Widow shall defend the Murtherer and the Peace-breaker Surely such wisdom as this was not conveyed by Divine intelligence into the Soul of the Jugde but rather inspired from him who first taught men shifts to evade the dint of a righteous Law I appeal to you Sir who so lately was as the Mouth of the Commons of England Whether such Justice as this will Deliver us from our Sufferings Or Knock off our Shakels Or Set us at Liberty Will such Judges and Judiciary proceedings turn our Prison into a Paradise of Pleasure fill the whole Nation with Joy Love and Peace If this be the after-crop which the fair weather of our Patience hath brought forth for us what food can we expect therefrom but such as hath Death in it Or what contentment can any of the Loyal and Faithful Subjects of the Land receive thereby Will such Triacle as this expel the poyson of John Townsend's Blood and make a Sacrifice to appease God's wrath and satisfie Divine Justice Will God be mocked Can you demand of him whether Crosby intended to kill Or would you know his Judgement Read Numb 35.16 And if he smite him with an instrument of iron so that he die he is a murtherer the murtherer shall surely be put to death And vers 31. Moreover ye shall take no satisfaction for the Life of a murtherer which is guilty of Death but he shall be surely put to Death But Crosby did more then this his Act had Contrivance and Deliberation in it He first Threatned then fetch'd his Pistol cock't it and presented it against Townesend gave fire and kill'd him and afterwards pursued another man Certainly this is no more like unto Murther than one Egg is like another and to say that Crosbey had an intent to kill a man is without all doubt as bad us to call a Spade a Spade or a Bottle a Bottle What greater demonstration can you have of the inward Intention of any Murtherer And yet would you reject a Verdict that found him guilty and quit him upon an ignoramus HEAR oh Heavens and GIVE EAR oh Earth and Consider ye Justices of the Bench Think not that God will be mock'd Or that Considerate Men will alwayes shut their Eyes No you do not dance in such a Net but many in City and in Countrey do look upon you This Story rings far and near and is come very nigh unto the Ears of the King's Court. And let all such folly be made manifest that it may proceed no further Our Lord Christ saith concerning the Woman that poured the box of Ointment on his Head Wheresoever this Gospel is preached there shall this be told for a memorial of her In like manner wheresoever the name of Sir H. G. from henceforth shall be mentioned let this story be told for the future shame and reproof of all Contrivers of Injustice and Unrighteousness in the seat of Judicature He that Justifieth the Wicked and he that Condemneth the Just even they both are abomination to the Lord Prov. 17.15 Mr. Grimston's Speech in Parliament upon the Accusation and Impeachment of William Laud Arch Bishop of Canterbury of High Treason Printed in the Year 1641. and now Reprinted for publick use Mr. Speaker THere hath been presented to the House a most faithful and exact report of the conference we had with the Lords yesterday together with the opinion of the Committees that were imployed in that service That they conceived it sit the Arch Bishop of Canterbury should be sequestred I must second the motion and with the favour of this House I shall be bold to offer my Reasons why I conceive it more necessary we should proceed a little further than the desire of a bare Sequestration onely Mr. Speaker Long Introductions are not suitable to weighty business We are fallen upon the great man the Arch Bishop of Canterbury Look upon him as he is in his Highness and he is the Stye of all pestilential filth that hath infected the State and government of the Church and Common-wealth Look upon him in his Dependancies and he is the man the onely man that hath raised and advanced all those that together with himself have been the Authors and Causers of all the Ruines Miseries and Calamities we now groan under Who is it but he onely that brought the Earl of Strafford to all his great places and imployments a fit Instrument and Spirit to act and execute all his wicked and bloody designes in these Kingdomes Who is it but he only that brought in Secretary Windebanke into the place of Secretary and Trust the very Broker and Pander to the Whore of Babylon Who is it Mr. Speaker but